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Fayetteville Traumatic Brain Injury Attorney

A traumatic brain injury or TBI is one of the most devastating injuries any person can ever have to cope with.  While most other injuries will eventually heal with time, TBI inflicts mental, physical, and financial hardships which can burden victims and their family members for a lifetime.  Not only are TBI victims confronted with chronic pain and psychological distress, but in many cases, must also leave their careers and make costly, disruptive changes to almost every aspect of their everyday lives.

If you or someone you love sustained a traumatic brain injury in an accident, the person who caused your accident may be liable for compensating your losses, expenses, and pain and suffering.  Let Fayetteville personal injury attorney Ken Kieklak fight for compensation on your behalf, so that you can focus on being with your loved ones and making a recovery during this painful time.  Ken has nearly two decades of experience handling a broad spectrum of injury and wrongful death claims, and offers free initial consultations to all new clients.

To schedule your free case evaluation, call Ken today at (479) 439-1843.  Your information will always be kept confidential.

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Liability and Victim Compensation in TBI Claims

Using data collected from 2006 to 2010, the CDC (Centers for Disease Control and Prevention) reports the following leading causes of TBI:

  • Falls (40.5%)
  • Object Strikes (15.5%)
  • Traffic Accidents (14.3%)
  • Assault (10.7%)

This is very significant for wrongful death and personal injury plaintiffs, because all of these leading causes tend to involve some degree of financial liability.

For example, some falls specifically involve slip and fall, which is a very common type of premises liability claim.  In plain terms, premises liability is an area of personal injury law which holds property owners responsible for keeping their lands and buildings reasonably safe for the general public, including residents, visitors, customers, and/or passerby.  Therefore, if a property owner knows of or could anticipate a problem with the property, but does nothing about it, then he or she can be held liable for resulting deaths or injuries.

The same premise holds true of car accidents, another common cause of TBI.  All motorists are obligated to obey traffic laws, so if a driver causes an accident by ignoring or violating those laws, then he or she could potentially be liable.  This includes distracted driving, intoxicated driving, and reckless driving.

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Common Medical Effects of Traumatic Brain Injuries

Because the brain controls the entire body, injuries to the brain can affect the entire body.  TBI can result in a wide array of health issues, which can vary dramatically from one individual to the next depending on factors like:

  • The area of the brain which was injured.
  • The severity of the injury.
  • Whether the individual has underlying health issues or illnesses.

Traumatic brain injuries can impact limbs, organs, physical abilities, intellectual capacity, and even deep-rooted personality traits.  Some common medical effects of TBI include:

  • Anxiety, depression, and/or irritability.
  • Auditory and visual hallucinations.
  • Chronic insomnia and disturbance to sleep patterns.
  • Chronic pain, including severe migraine headaches.
  • Difficulty speaking or communicating clearly.
  • Impulsive behavior.
  • Inability to comprehend language.
  • Intellectual disability and/or learning disability.
  • Loss of fine motor control, such as grasping doorknobs or writing with pencils.
  • Paralysis of facial muscles.
  • Partial to full paralysis (paraplegia, quadriplegia).
  • Reduced physical sensation (e.g. temperature, pressure).
  • Seizures and trembling.
  • Urinary incontinence.

Sadly, these medical effects frequently lead to an additional set of financial and emotional hardships. To give one example, if TBI results in paralysis, frequent seizures, intellectual disability, or chronic severe pain, then the victim may have to:

  • Hire a professional caregiver to assist with basic tasks like cleaning, cooking, and home maintenance.
  • Upgrade his or her home for improved handicap access, such as installing wheelchair ramps and lowering counters.
  • Start participating in physical therapy to prevent muscle atrophy.
  • Start participating in behavioral therapy to help cope with the emotional adjustments.
  • Resign from his or her job, abandon his or her career aspirations, or exit the workforce entirely.

Traumatic brain injuries don’t simply affect one body part, mental process, or even person — they affect every part of the individual’s life, including his or her family and financial dependents.

Types of Brain Injuries

Closed head TBI injuries are common in car, truck and SUV crashes where the driver may hit his or her head on the steering wheel or dashboard. Similarly a physical altercation where on is punched, elbowed or kicked in the head would also be categorized as a closed head injury. When a blunt force impact to the skull occurs there is a tearing and shearing of nerve and other connective tissues. This nerve, tissue and muscle damage results in many of the signs and symptoms reported by those suffering a TBI.

While less common, penetrating injuries can be especially catastrophic as a foreign object typically passes through the skull and into the brain. The damage is often localized to the path the bullet or other object took through the skull. Many times these types of injuries destroy the brain structures they pass through resulting in permanent damage.

Treatment of Traumatic Brain and Head Injuries

A TBI can often be treated thereby improving the functionality and quality of life of the injured person. However treatment for a TBI must be individualized for the particular injuries and problems experienced by the injured person. Typically this means that treatment for a TBI requires the coordination of a team of specialists that may include:

  • A medical doctor to monitor your progress throughout the rehabilitative therapy
  • A speech language pathologist can work to improve the communicative ability of the injured person.
  • A psychologist may help the individual and his or her family accept the traumatic events and prepare them to better assist the injured person.
  • Assistive devices can also help the injured person regain strength or achieve additional functionality.

Contact a Fayetteville, Arkansas Traumatic Brain Injury Attorney Today

If you or someone you love is living with TBI in Fayetteville, or if a loved one passed away due after being in an accident, you may be eligible to receive financial compensation to help cover your expenses.  To set up a private legal consultation completely free of charge, call TBI lawyer Ken Kieklak right away at (479) 439-1843.